City hall scrambled after fire chief requests evacuation
Northern News Services
Wednesday, December 9, 2015
SOMBA K'E/YELLOWKNIFE
Monday's hearing in council chambers laid bare the scramble senior city staff embarked on after the question was raised on whether to evacuate the Granite Ventures condo building following a fire at an adjacent building Nov. 7.
Jeff Humble, the city's director of planning and development, left, listens as development officer Bob Taylor on Monday addresses his role in issuing the Granite Ventures condo building occupancy permits. In the foreground is the city's director of legal services Kerry Penney. - Shane Magee/NNSL photo |
Documents show city building inspector Bob Taylor knew metal siding for the building wouldn't be finished until around Dec. 21.
However, residents began moving in as early as Oct. 30 another document shows, days before the permits allowing them to do so were issued.
Granite Ventures head Greg Littlefair told Yellowknifer he had made the city aware of the siding issue early on and said allowing occupants in before that's complete is a normal practice. He also said there was verbal agreement to let people move in while the paperwork was being processed.
The attempt to vacate the building came after fire chief Darcy Hernblad noted in an e-mail that the condo's spray foam insulation was exposed to the elements.
"I do not support this building being partly occupied as it has significant potential to put our firefighters and the residents of the building in harm's way," Hernblad stated on Nov. 10.
The first order Nov. 10 forced anyone living in the building out. It was replaced with the fire watch order requiring the company have someone to stay at the building to monitor it for potential fires but allowed residents of the nine approved units to remain.
That order remained until Dec. 4 after siding was installed at a faster pace. Granite estimated the orders cost the company $160,000, including legal fees.
The company had the option to appeal the orders, which it did. Such an appeal is heard at a city council meeting where councillors essentially act as a panel of judges hearing evidence from both sides.
When the hearing began, Coun. Niels Konge declared a conflict of interest and left the room.
Granite's lawyer, Glen Rutland, argued the city's handling of the issue was unreasonable and unfair.
After the alarm issue, the city moved ahead with the fire watch despite having documents proving the alarm was then functional.
Kerry Penney, the city's lawyer, argued council does not have the ability to decide on an appeal of the fire watch because it's not included in the Building Bylaw. Councillors will have to decide
on that issue.
Rutland called the switch to the fire watch order a way for the city to attempt to avoid giving the company a right to appeal the order.
Councillors prodded Taylor to learn more about his "pressure" comments.
"Honestly, I was convinced that I was in the best interests of the developer and the city to not hold up the issuance of the conditional occupancy until the siding was on at the time," Taylor said in an exchange with Coun. Julian Morse.
Penney cut in to say Taylor had been told not to get into specifics about people involved.
She said there's always pressure from developers toward development officers to expedite approvals so projects can move forward.
As the situation was unfolding, Taylor said another city inspection of the building was to be carried out.
Taylor also said he was told by city managers to not be present during another inspection of the building in November. Why?
"I can answer very generally. There's history with the contractor," Taylor said without elaborating.
Littlefair, in an interview after the hearing, said he had approached the city early on to say the inside of the building was finishing faster than the exterior.
"It wasn't pressure. I asked if I could do this early on," he said, referring to the issue of moving people in as siding was still not finished. He added he needs to know 45 days in advance when condo buyers can start moving in.
"The longer it takes, the more it costs me," he said. "So I want to get it done and move on to the next project."
A written decision from councillors on the appeal will be released within 45 days. They can decide whether to uphold the orders, change them, or discard them altogether.
Penney said she believes it has been at least six years since a similar appeal was heard before council.
